|
11709599
|
2025-01-24
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Escrow, taxes, or insurance
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-24
|
| Submitted Via |
Web
|
| Company Response |
In progress
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-24
|
|
|
11491014
|
2025-01-12
|
Applying for a mortgage or refinancing an existing mortgage
|
Mortgage
|
|
| Issue |
Applying for a mortgage or refinancing an existing mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue with the application process
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-12
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11490502
|
2025-01-12
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Paying off the loan
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-14
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11431679
|
2025-01-08
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
Mortgage debt
|
| Date Received |
2025-01-08
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-08
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
[ DRAFT MOTION TO COMPEL ARBITRATION ] IN THE UNITED STATES XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX.
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX NY XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX UT XXXX Defendant.
XXXX XXXX. XXXX ( Third-Party Debt Collector ) MOTION TO COMPEL ARBITRATION AND CEASE AND DESIST ORDER Plaintiff [ XXXX XXXX XXXX XXXX by and through their undersigned counsel, hereby respectfully submits this Motion to Compel Arbitration in the above-captioned cases against Defendant [ SELECT PORTFOLIO SERVICING INC. ] , pursuant to the applicable provisions of the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), and other relevant federal statutes, and further requests a Cease and Desist Order regarding the Defendants continued actions and collection practices.
I. INTRODUCTION Plaintiff asserts that this motion is brought to compel the arbitration of this dispute between the parties, which arises under the FDCPA, the FCRA, and related consumer protection laws, and to request an order compelling Defendant to cease further collections efforts until the arbitration process has concluded. Furthermore, Plaintiff requests the removal of negative items from their credit report in accordance with federal laws prohibiting unfair and deceptive debt collection practices and the violation of the Plaintiffs consumer rights under these statutes.
XXXX. FACTUAL BACKGROUND Plaintiff, a consumer, has been subjected to improper and illegal debt collection practices by Defendant in XXXX XXXX. XXXX, a third-party debt collector.
The Defendants actions include continued collection efforts, inaccurate reporting of Plaintiff 's debts, and other related violations as outlined under the FDCPA and FCRA.
Plaintiff, in good faith, has previously communicated with Defendant regarding these issues, but Defendant has failed to adhere to the statutory requirements under both the FDCPA and the FCRA.
This debt was originally purchsed by XXXX XXXXXXXX on XX/XX/XXXX ( account # XXXX ), then sold to Caliber Home Loans whom later sold it to Select Portfolio Servicing Inc. , in XXXX without permission from Plaintiff.
Information provided to first and secondary credit bureaus has been completely inaccurate, resulting in Plaintiff scores dropping over XXXX points neagatively affect her livelihood.
Plaintiff has never been issued form 1099 C filed from any company or issued any on their behalf to file.
III. LEGAL BASIS FOR COMPELLING ARBITRATION The Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, et seq.
Under the FDCPA, debt collectors are required to act fairly and accurately in their attempts to collect debts. Section 1692g mandates that debt collectors provide a clear validation notice to consumers, including the amount of the debt, the creditors identity, and how to dispute the debt. Failure to comply with these regulations is actionable under the FDCPA. Additionally, Section 1692cc prohibits collectors from communicating with consumers at inconvenient times or places.
The Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, et seq.
The FCRA imposes obligations on entities that report consumer credit information. Section 1681c states that negative items must be removed after a certain time period, and Section 1681e ( b ) requires that credit reporting agencies maintain reasonable procedures to ensure accurate reporting. Defendants failure to remove negative reports after Plaintiffs dispute constitutes a violation of the FCRA.
Arbitration Clauses in Agreements Plaintiffs agreements with the Defendant may contain mandatory arbitration clauses that preclude the need for litigation and instead require arbitration to resolve the dispute. Under the Federal Arbitration Act ( FAA ), arbitration agreements are enforceable, and any disputes arising under these agreements must be resolved in an arbitration setting. Defendants failure to comply with these contractual arbitration provisions necessitates the Courts intervention to enforce such an agreement.
Congressional Intent Behind FCRA and FDCPA Congress enacted the FDCPA and FCRA to ensure that consumers are treated fairly by debt collectors and credit reporting agencies. The goal was to protect consumers from harassment, inaccurate credit reporting, and violation of personal rights. Defendants practices violate these federal protections and infringe upon Plaintiffs rights to fair treatment.
IV. REQUEST FOR CEASE AND DESIST ORDER Plaintiff requests the Court issue an order compelling Defendant to cease and desist from any further collection actions or reporting of inaccurate information on Plaintiffs credit report pending the outcome of the arbitration proceedings. Should Defendant continue their actions, Plaintiff will seek additional remedies, including statutory and punitive damages for violations of the FDCPA and FCRA.
V. VIOLATION OF HUMAN RIGHTS Defendant 's actions in continuing debt collection efforts and misreporting Plaintiff 's credit information constitute a violation of Plaintiffs fundamental human rights to fair and equal treatment under the law. The imposition of illegal debt obligations, improper reporting, and harassing behavior by debt collectors inflicts severe emotional and financial distress upon consumers. Such actions not only contravene consumer protection statutes but also undermine the principles of dignity, fairness, and justice that the FDCPA and FCRA are intended to protect.
VI. CONSEQUENCES OF FAILURE TO COMPLY AND RETALIATION Plaintiff requests that the Court advise Defendant of the severe consequences of failing to comply with the arbitration requirement and Cease and Desist Order. Non-compliance may result in : Further Legal Action : Plaintiff may pursue further litigation or legal action for damages arising from violations of the FDCPA, FCRA, and other related statutes.
Permanent Removal of Negative Items : If the arbitration ruling finds that Defendant violated the FDCPA or FCRA, the Defendant will be required by law to permanently remove any negative items related to Plaintiffs account from their credit report, as mandated under 15 U.S.C. 1681c and 1681e.
Statutory and Punitive Damages : Plaintiff may be entitled to statutory damages for each violation, as well as punitive damages where appropriate, under both the FDCPA and FCRA.
Retaliation Prohibited : Any retaliatory action taken by Defendant following the filing of this motion or in response to Plaintiffs participation in arbitration will be considered a violation of federal law and may result in additional claims, including for retaliatory actions and further consumer protection violations.
|
| Consumer Consent Provided |
Consent provided
|
|
|
11694633
|
2025-01-22
|
Struggling to pay mortgage
|
Mortgage
|
|
| Tags |
Servicemember
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
|
| Sub Product |
Home equity loan or line of credit (HELOC)
|
| Date Received |
2025-01-22
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-22
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
|
|
11346175
|
2024-12-31
|
Struggling to pay mortgage
|
Mortgage
|
|
| Tags |
Older American
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
An existing modification, forbearance plan, short sale, or other loss mitigation relief
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-31
|
| Submitted Via |
Phone
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-31
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
N/A
|
|
|
11747541
|
2025-01-21
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-21
|
| Submitted Via |
Web
|
| Company Response |
In progress
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-21
|
|
|
10902531
|
2024-11-22
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-lieu
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-11-22
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-11-22
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
|
|
11495363
|
2025-01-14
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Escrow, taxes, or insurance
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-14
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-14
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
Re : Complaint Against Select Portfolio Servicing ( SPS ) Failure to Timely Pay Property Taxes and Insurance Dear CFPB Representative : I am writing to formally place on record my ongoing issues with Select Portfolio Servicing ( SPS ) regarding their repeated failures to pay my property taxes and insurance on time from my escrow account. These failures have resulted in late fees for my taxes and near-cancellation of my homeowners insurance. I am extremely concerned about the upcoming first quarter XXXX property tax payment, due on XX/XX/XXXX, which remains unpaid as of the date of this letter.
History of Late or Missed Payments In XXXX, SPS failed to pay my property taxes on time, resulting in a late fee for which I had to pay out of pocket.
On another occasion, SPS did not timely pay my homeowners insurance premium, causing me to receive a notice of cancellation before I intervened and made multiple requests that they fulfill their obligations.
Upcoming First Quarter XXXX Tax Payment The enclosed/attached tax bill for the first quarter XXXX payment, due on XX/XX/XXXX, remains unpaid. I have contacted SPS to inquire about when they will disburse the funds. However, as of this writing, they have not provided any clear confirmation that they have sent the payment to the XXXXXXXX XXXX XXXX
Concerns About SPSs Conduct and Jurisdiction SPS has alluded that the CFPB has no jurisdiction over these matters because, in their view, this is not under RESPA protection. This position is unsettling and appears to be a deflection tactic. Regardless, the repeated failure to make timely escrow payments, as contractually required, places me in financial jeopardy and could be construed as a predatory practice.
Request for CFPB Assistance and Intervention I respectfully request that the CFPB investigate SPSs escrow payment practices to ensure they comply with all applicable regulations and contractual obligations. My primary concern is avoiding further late fees, penalties, or insurance cancellations due to SPSs negligence.
I also request guidance on any further steps or protections available to me through CFPB oversight, RESPA, or any other relevant consumer protection laws.
SPSs continued negligence causes me undue stress, financial hardship, and the risk of losing essential insurance coverage. I appreciate the CFPBs continued commitment to protecting consumers like myself, and I trust that you will look into this matter to prevent further harm.
Please find attached the tax bill for the first quarter XXXX as proof of the upcoming payment due on XX/XX/XXXX. Thank you in advance for your attention and assistance. I look forward to your prompt response or confirmation of your investigation into this matter.
|
| Consumer Consent Provided |
Consent provided
|
|
|
11315350
|
2024-12-29
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Payment process
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-29
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-29
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11324033
|
2024-12-30
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Escrow, taxes, or insurance
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-30
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-30
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11168206
|
2024-12-16
|
Trouble during payment process
|
Mortgage
|
|
| Tags |
Older American
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Paying off the loan
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-16
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-27
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
RE : Complaint about ( SPS ) Select Portfolio Servicing Property : XXXX XXXX XXXX XXXX XXXX XXXX Enclosed Attachments : Supporting Complaint Documents and Proof This complaint refers to the Closing of my property at XXXX XXXX XXXX XXXX XXXX XXXX which occurred on XX/XX/year>. I was given a XXXX XXXX in the amount of {$140000.00} on XX/XX/year> ( see attached ). This Payoff was until XX/XX/year>.
I Closed on the property on XX/XX/year>, which was well within the time frame of the XXXX XXXX. XXXX ( XXXX ) checks were sent to Select Portfolio Servicing, XXXX, ( SPS ) heretofore referred to as ( SPS ), from the Closing Attorney and The XXXX XXXX XXXX and the total Payoff figure was {$140000.00}. Sometime after the Closing, I received a call from ( SPS ) stating that I owed them and additional {$800.00}. I then received another call from ( SPS ) stating that I owe over {$2000.00}. Both times I told them they would have to deal with my attorney. I called my attorney on both occasions and told him what had happened and asked him to call ( SPS ). My lawyer told me he had tried to call ( SPS ) and could not get through to them. I then called ( SPS ) and they told me on XX/XX/year>, to have my attorney call them and they would escalate the matter to the top management. During this call I was told that the matter had been turned over to an attorney, to the attorney named XXXX XXXX XXXX the next day. On XX/XX/year>, my attorney called me to say that ( SPS ) would not speak to them without my permission. He then made another call with me on the phone. This time we were told, my attorney had to fax in something with my signature giving him permission to talk for me. This was done ( see attached ) and we called again on XX/XX/year>. During this conversation, we were told that a new Closing XXXX had been issued on XX/XX/year>, 5 days after the original Closing took place. At no time when ( SPS ) was telling me that I owed {$800.00} plus, and then {$2000.00} plus ( see attached The Checks of {$140000.00} which were returned to me some time after these XXXX conversations ) did they tell me that a new Closing Statement had been done on XX/XX/year>. The first time I heard about this was during the conversation on XX/XX/year>, that a new Closing XXXX had been made on XX/XX/year>. ( XXXX XXXX XXXX is Attached ). I left the matter for my attorney to handle with the XXXX XXXX.
I had another call from ( SPS ) on Thursday XX/XX/year>. I told the person who called me that they would have to speak to my attorney, that I had legitimately closed on XX/XX/year>, and I no longer wanted to deal with the matter. I was told the matter was now in the hands of an attorney ( see attached letter ).
|
| Consumer Consent Provided |
Consent provided
|
|
|
8200722
|
2024-01-23
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-01-23
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-01-31
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
XXXX XXXX Date : XX/XX/2024 XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX RE : Complaint Against Wells Fargo XXXX XXXX XXXX XXXX XXXX, IA XXXX and XXXX XXXX XXXX XXXX Plaintiff attorney XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, NY XXXX for Violation of RPAPL Section 1304 in Foreclosure Case ( Index No. XXXX ) Dear CFPB, I am writing to file a formal complaint against Wells Fargo and XXXX & XXXX XXXX XXXX related to the foreclosure action against me, XXXX XXXX XXXX under case index number XXXX. This complaint specifically addresses the plaintiffs failure to comply with RPAPL Section 1304, which mandates a 90-day notice before commencing foreclosure proceedings.
RPAPL Section 1304 requires lenders to provide borrowers with a 90-day notice as a prerequisite to foreclosure. In my case, Wells Fargo and their attorneys has neither mailed the required notice nor provided proof of such mailing to the court. This omission constitutes a significant procedural violation and undermines the legal validity of the foreclosure process.
As a result of this failure, the foreclosure auction scheduled for XX/XX/, should be deemed unlawful and therefore canceled. I request that the CFPB investigate this matter thoroughly and ensure that Wells Fargo and their attorneys is held accountable for their non-compliance with the statutory requirements.
Thank you for your attention to this critical issue. I look forward to your prompt response and intervention.
Sincerely, XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
11371187
|
2025-01-03
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Account information incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2025-01-03
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-03
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
To whom may concern, please be advised I have been discussing mortgage assistance options with XXXX XXXX XXXX from the beginning of XXXX. I have responded to all of the requests for documentation in a timely manner only for them to return and request the same information over and over again. XXXX XXXX XXXX and its agents have systematically created an environment to put myself and clients like myself in a position of default. I believe this to be a business strategy of theirs. Additionally, in all of my conversations agents led me to believe that any settlements would not have negative impact on my personal credit, and they have gone ahead and reported negatively on my personal credit on a commercial account where the borrower is an entity. I ask you remove any negative reporting on my personal credit immediately and ask that you investigate XXXX XXXX XXXX for their practices in general and in specific with mortgageassistance
|
| Consumer Consent Provided |
Consent provided
|
|
|
11370851
|
2025-01-03
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Account information incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2025-01-03
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-03
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
To whom may concern, please be advised I have been discussing mortgage assistance options with specialized loan servicing from the beginning of XXXX. I have responded to all of the requests for documentation in a timely manner only for them to return and request the same information over and over again. Specialized loan servicing and its agents have systematically created an environment to put myself and clients like myself in a position of default. I believe this to be a business strategy of theirs. Additionally, in all of my conversations agents led me to believe that any settlements would not have negative impact on my personal credit, and they have gone ahead and reported negatively on my personal credit on a commercial account where the borrower is an entity. I ask you remove any negative reporting on my personal credit immediately and ask that you investigate specialized loan servicing for their practices in general and in specific with mortgageassistance
|
| Consumer Consent Provided |
Consent provided
|
|
|
11370917
|
2025-01-03
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Account information incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2025-01-03
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-03
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
To whom may concern, please be advised I have been discussing mortgage assistance options with specialized loan servicing from the beginning of XXXX. I have responded to all of the requests for documentation in a timely manner only for them to return and request the same information over and over again. XXXX XXXX XXXX and its agents have systematically created an environment to put myself and clients like myself in a position of default. I believe this to be a business strategy of theirs. Additionally, in all of my conversations agents led me to believe that any settlements would not have negative impact on my personal credit, and they have gone ahead and reported negatively on my personal credit on a commercial account where the borrower is an entity. I ask you remove any negative reporting on my personal credit immediately and ask that you investigate specialized loan servicing for their practices in general and in specific with mortgageassistance
|
| Consumer Consent Provided |
Consent provided
|
|
|
10394447
|
2024-10-09
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Servicemember
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Debt collection
|
| Sub Issue |
Debt was paid
|
| Sub Product |
Mortgage debt
|
| Date Received |
2024-10-09
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-05
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
XXXX XXXX XXXX XXXX XXXX is now the servicer of my first and second mortgage thats was transferred from Statebridge effective XX/XX/year>. They continuously call and attempt to collect payment for my 2nd mortgage prior to the due date. The due date is the 16th of the month with a 15 day grace period. They have it set up as due the 1st of the month. The bills they send reflect the incorrect due date and they have rejected my attempts to set up an ACH because it would be outside of the incorrect due date they set up. They repeatedly call as if they are not aware of the problem in an effort to 1. Collect Money not yet owed and 2. To set up an ACH in line with an incorrect due date. Even though notes on my account are extensive and a research request is in place they continue to harass me with phone calls.
|
| Consumer Consent Provided |
Consent provided
|
|
|
11377339
|
2025-01-03
|
Struggling to pay mortgage
|
Mortgage
|
|
| Tags |
Older American
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2025-01-03
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-07
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
XXXX XX/XX/year> due to XXXX XXXX and other inflation related issues i requested assistance from specialized loan servicing who is handling my home mortgage number XXXX For a year now sps ( specialized Loan Servicing ) have been stalling and asking questions like what is my name which is clearly stated on the application and the documents that i sent and again and again for a new asking for profit and loss that i already submitted with all related income documentations, several times and I since a year now. I had to do a newer one as time passes on the original XXXX time and time again without getting to a resolution or any form of assistance. Obviously wasting time and giving me the run around without seriously attending to my quest for help.
|
| Consumer Consent Provided |
Consent provided
|
|
|
10526193
|
2024-10-21
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Escrow, taxes, or insurance
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-10-21
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-10-29
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11131984
|
2024-12-12
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Escrow, taxes, or insurance
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-12
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
I have sent multiple emails calls to the company regarding the insurance due which is due in 2 weeks. The company refused to pay. I do not want to be at a time period when the insurance lapse due to servicer 's negligence, I am submitting this company for the record so servicer do not blame that they did not receive any insurance invoice or email from the borrower.
Servicer has acted in bad faith especially with the escrow on tax payments and insurance payments.
|
| Consumer Consent Provided |
Consent provided
|
|
|
11175028
|
2024-12-16
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-16
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-16
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
Date : XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Subject : Complaint Against Select Portfolio Servicing Regarding Escrow Mismanagement and Predatory Practices Dear CFPB, I am writing to formally file a complaint against Select Portfolio Servicing ( SPS ) for their egregious mismanagement of escrow funds, failure to meet their contractual obligations, and predatory servicing practices that are jeopardizing my property.
In the loan document provided ( dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX ), Section XXXX.04.3 specifies that the lender is responsible for holding escrowed funds to pay property taxes and insurance premiums on time. Despite this clear obligation, SPS has failed to fulfill these responsibilities.
Failure to Pay Property Taxes on Time : SPS did not pay my property taxes on time, resulting in penalties that I was forced to pay out-of-pocket. This is a breach of the escrow agreement and has caused undue financial harm.
Mischaracterization of Insurance Obligations : On XX/XX/XXXX, at approximately XXXX XXXX, I spoke with XXXX, a representative from SPS. He claimed that the escrowed funds were for " risk insurance '' rather than " property insurance. '' This distinction is deceptive and appears to be an intentional effort to evade their obligation to pay for my property insurance policy ( XXXX XXXX, Policy Number XXXX ).
Potential Risk of XXXXosing Insurance and Property : SPSs failure to pay property insurance premiums on time risks cancellation of my insurance policy. This not only exposes my property to significant risk but also appears to be part of a pattern of predatory servicing practices designed to cause financial distress and potentially force foreclosure.
These actions represent a direct violation of the terms outlined in the loan agreement and may also contravene federal laws governing fair and responsible mortgage servicing.
I am pleading for your assistance in addressing this matter. SPSs practices are harming me financially and emotionally, and I fear they are putting my property at further risk. I request the CFPB to investigate SPS for : Mismanagement of escrow funds, Non-compliance with contractual obligations, Unfair and deceptive servicing practices, and Predatory tactics that could lead to loss of insurance or foreclosure.
Please find attached the relevant portions of my loan agreement and additional documentation substantiating my claims.
Thank you for your time and attention to this matter. I look forward to your response and am available to provide further information or clarification as needed.
Sincerely, XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
11175097
|
2024-12-16
|
Struggling to pay mortgage
|
Mortgage
|
|
| Tags |
Older American, Servicemember
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-16
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-16
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Phone : XXXX Date : XX/XX/XXXX ] Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Subject : XXXX XXXX Bankruptcy XXXX XXXX XXXX XXXX Dear Consumer Financial Protection Bureau, I am writing to submit a complaint regarding the conduct and actions of my XXXX XXXX bankruptcy trustee, XXXX XXXX XXXX 's office. My case was filed in the XXXX XXXX XXXX New York, XXXX. Unfortunately, I feel that I have been treated unfairly due to circumstances beyond my control, primarily my recent medical emergencies, which are documented.
On XX/XX/XXXX, I was in the emergency room at XXXX XXXX XXXX XXXX XXXX for an urgent medical procedure. During this time, I attempted to contact the bankruptcy court to reschedule a hearing. The court informed me that I needed to call Trustee XXXX office for assistance. When I reached out to XXXX XXXX office, I spoke with a male representative who told me to call the bankruptcy court back. I explained my situation, emphasizing that I was in the emergency room and requesting an adjournment, and I was again advised to contact the court. Which I did, and I was told by the court to call Trustee XXXX office again.
After my medical procedure, I called the court again, and I learned that my court date had been adjourned, but I later discovered that my case had been dismissed. Following this, I had to schedule emergency XXXX XXXX on XX/XX/XXXX, and I have a pending XXXX XXXX scheduled for XX/XX/XXXX.
As a result of the dismissal of my bankruptcy case, I am now facing a foreclosure sale date set for XX/XX/XXXX. My mortgage is with SPS Mortgage ( Account # XXXX ) located at XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX. I believe that the Trustees handling of my case, particularly given my medical circumstances, was unjust and lacks the appropriate consideration due to my situation.
I would like assistance in addressing this matter. I would like to move forward with my bankruptcy case and seek guidance on how to reinstate my XXXX XXXX bankruptcy given the extenuating circumstances I have faced. I would like Sps to stop the sale date so that I can move forward with the bankruptcy.
Thank you for your time and attention to this matter.
Sincerely, XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
11152378
|
2024-12-13
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Personal information incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2024-12-13
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-13
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
To whom it may concern please be advised my account with select portfolio servicing Inc. is a commercial business purpose loan and should not be reflected or reported on my personal credit report. Please have them remove any reporting on my personal income immediately. Any credit reporting should only be reported on entity
|
| Consumer Consent Provided |
Consent provided
|
|
|
11075619
|
2024-12-09
|
Trouble during payment process
|
Mortgage
|
|
| Issue |
Trouble during payment process
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Payment process
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-09
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-09
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11152370
|
2024-12-13
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Personal information incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2024-12-13
|
| Submitted Via |
Web
|
| Company Response |
In progress
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-13
|
|
|
11125558
|
2024-12-12
|
Incorrect information on your report
|
Mortgage
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Personal information incorrect
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-12-12
|
| Submitted Via |
Web
|
| Company Response |
In progress
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-12
|
|
|
11152377
|
2024-12-13
|
Incorrect information on your report
|
Credit reporting or other personal consumer reports
|
|
| Issue |
Incorrect information on your report
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Account status incorrect
|
| Sub Product |
Credit reporting
|
| Date Received |
2024-12-13
|
| Submitted Via |
Web
|
| Company Response |
In progress
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-13
|
|
|
10553407
|
2024-10-23
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
Mortgage debt
|
| Date Received |
2024-10-23
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-10-23
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
11022548
|
2024-12-04
|
Problem with customer service
|
Debt or credit management
|
|
| Issue |
Problem with customer service
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Debt or credit management
|
| Sub Product |
Mortgage modification or foreclosure avoidance
|
| Date Received |
2024-12-04
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-04
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Consumer Consent Provided |
Consent not provided
|
|
|
10961154
|
2024-11-27
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-11-27
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-11
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
To : Consumer Financial Protection Bureau ( CFPB ) [ Insert CFPB Address or Online Portal Submission ] From : XXXX XXXX XXXX XXXX XXXX ( Property Address ) XXXX XXXX, NY XXXX Email : XXXX Subject : XXXX XXXX XXXX XXXX XX/XX/XXXXXXXX, Trustee, and Select Portfolio Services Date : [ Insert Date ] Details of the Complaint : Parties Involved : Respondents : XXXX XXXXXX/XX/XXXXXXXX, as Trustee on behalf of XXXX Mortgage Loan Trust Mortgage Pass-Through Certificates, Series XXXX.
Select Portfolio Services.
Plaintiff Attorney : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX Nature of the Complaint : I, XXXX XXXX, submit this complaint for serious violations of my rights, procedural law violations, and improper foreclosure actions taken against my property located at XXXX XXXX XXXX, XXXX XXXXXX/XX/XXXXXXXX.
Failure to Comply with NY Real Property Actions and Proceedings Law ( RPAPL ) 1351 : The Plaintiff failed to submit a motion to extend the time to schedule a foreclosure auction as required under XX/XX/XXXX law. Despite this noncompliance, an auction is scheduled for XX/XX/XXXX, violating RPAPL procedural mandates and my right to due process.
Supporting Case Law : XX/XX/XXXXXXXX XXXX XXXX, 171 A.D.3d 34 ( 2d Dept 2019 ) : Emphasizes the need for strict compliance with RPAPL procedural requirements.
XXXXXX/XX/XXXXXXXX XXXX. XXXX XXXX, 97 A.D.3d 740 ( 2d Dept 2012 ) : Highlights the importance of adherence to procedural deadlines in foreclosure actions.
Improper Foreclosure Against a Secured Party : I am a secured party with a valid UCC-1 Financing Statement, which establishes a superior interest in my property over all other claims. The foreclosure action proceeds illegally despite this designation, disregarding my superior legal standing.
Supporting Case Law : XX/XX/XXXX: Affirms the priority of secured interests under UCC law.
In re XXXX XXXX. Properties III LP, 597 B.R. 78 ( Bankr. S.D.N.Y. XXXX ) : Recognizes the rights of secured parties under UCC filings in foreclosure disputes.
Violation of theXX/XX/XXXX Foreclosure Prevention Act : The statute of limitations under New York law for foreclosure proceedings has expired. This renders any foreclosure actionand the auction saleunenforceable and unlawful.
Supporting Case Law : XXXXXX/XX/XXXX Slip Op. XXXX ( App. XXXX. XXXX XXXX ) : Enforces the six-year statute of limitations for foreclosure actions under XX/XX/XXXX law .
XXXX XXXXXX/XX/XXXX : Declares expired foreclosure actions void due to the statute of limitations.
Constitutional Violations : The foreclosure and auction proceedings violate my Fifth and Fourteenth Amendment rights, as I have been deprived of property without due process of law. The procedural breaches and statutory violations by the Respondents deny me the fair and equitable treatment guaranteed under the law.
Supporting Case Law : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Establishes due process requirements in proceedings affecting property rights.
Connecticut v. XXXX, XXXX XXXX XXXX ( XXXX ) : Reinforces the necessity of judicial oversight and procedural safeguards in property deprivation cases.
XXXX XXXX : Dismissal of the foreclosure case with prejudice.
Immediate cancellation of the auction sale scheduled for XX/XX/XXXX.
Full investigation into the practices of XXXXXX/XX/XXXXXXXX, as Trustee, and Select Portfolio Services concerning this case and similar cases.
Enforcement of corrective measures and sanctions against Respondents for procedural noncompliance and violations of federal and state laws.
Declaration : I declare under penalty of perjury that the information provided herein is true and accurate to the best of my knowledge.
Signature : XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
10965797
|
2024-11-28
|
Struggling to pay mortgage
|
Mortgage
|
|
| Issue |
Struggling to pay mortgage
|
| Timely |
Yes
|
| Company |
SELECT PORTFOLIO SERVICING, INC.
|
| Product |
Mortgage
|
| Sub Issue |
Foreclosure
|
| Sub Product |
Conventional home mortgage
|
| Date Received |
2024-11-28
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-11-28
|
| Company Public Response |
Company believes it acted appropriately as authorized by contract or law
|
| Complaint What Happened |
Dear SPS Team, I am writing to address your response regarding the payment of property taxes for parcel number XXXX XXXX and the associated penalty of {$6.00}. After reviewing your explanation, I would like to provide additional details and reiterate my position.
1. Notification of Taxes Due I notified SPS about the taxes due in a timely manner : XX/XX/year> : I informed SPS for the first time about the tax payment.
XX/XX/year> : I followed up via email to ensure the matter was addressed.
I have attached the email correspondence as proof of notification. Despite this, SPS did not act on the matter until after I filed a CFPB complaint. The tax was due on XX/XX/year>, and the XXXXXXXX XXXX XXXX allows at least a one-week grace period. This provided more than sufficient time for SPS to process the payment and avoid any penalties.
2. Property Details The lots associated with this parcel were never merged or divided, contrary to any implications otherwise. The tax block and lot have remained consistent, as shown in the attached Closing Statement and HUD-1 Settlement Statement, which I have included for your review.
3. Disputed Late Fee Given that : I notified SPS promptly of the taxes due.
SPS delayed payment until after I filed a CFPB complaint.
The grace period provided ample time to process the payment.
It is not justified for me, as a borrower, to bear the {$6.00} penalty. Furthermore, during my recorded calls with SPS representatives, I was explicitly informed that I would not be responsible for any late fees since I had provided timely notice. I ask that SPS retrieve and review those call recordings to confirm my statements.
4. Allegation of Predatory Practices The delay in processing my tax payment and the imposition of an unjustified late fee suggest a lack of good faith and potentially predatory practices. Such actions appear to be an attempt to profit off late payments and create grounds for foreclosure. This is unacceptable, especially given my proactive efforts to resolve this issue in a timely manner.
Request for Refund and Action I request the following : A refund of the {$6.00} penalty charged to my escrow account this is penalty for SPS ' late payment not a fault of the borrower.
Confirmation that SPS has reviewed the relevant call recordings and correspondence to corroborate my claims.
I trust that SPS will act in good faith to resolve this matter promptly. Please respond in writing with your findings and any additional information. I look forward to your response within the timeframe required under applicable regulations.
Thank you for your attention to this matter.
Sincerely, XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
